North Dakota

North Dakota has not explicitly recognized a right to privacy or a right of publicity, but has suggested the possibility that a privacy-based appropriation tort might be recognized.

Statute

NO

Common Law - Right of Publicity

NO

Common Law - Right of Privacy-Appropriation Tort

UNCLEAR

The state has thus far refused to either accept or reject a common law right to privacy.

Hougum v. Valley Memorial Homes, 574 N.W.2d 812 (N.D. 1998)

American Mut. Life Ins. v. Jordan, 315 N.W.2d 290 (N.D. 1982)

Volk v. Auto-Dine Corp., 177 N.W.2d 525 (N.D. 1970)

Nelson v. J.C. Penney Co., Inc., 75 F.3d 343 (8th Cir. 1996)

Post-Mortem Right

No court has considered the issue.

First Amendment Analysis

Although no court has analyzed the First Amendment in the context of a misappropriation tort under North Dakota law, North Dakota sits in the Eighth Circuit Court of Appeals. In C.B.C. Distribution & Marketing, Inc. v. Major League Baseball Advanced Media, L.P., 503 F.3d 818 (8th Cir. 2007), the Eight Circuit held that the use of players’ names and statistics by a fantasy sports league was protected by the First Amendment against a claim under Missouri’s right of publicity.

The Book

THE RIGHT OF PUBLICITY: Privacy Reimagined for a Public World

This book from Harvard University Press by Professor Jennifer Rothman traces the history and development of the right of publicity and its current collision course with individual liberty, free speech and copyright law.

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The Book

THE RIGHT OF PUBLICITY: Privacy Reimagined for a Public World

This book from Harvard University Press by Professor Jennifer Rothman traces the history and development of the right of publicity and its current collision course with individual liberty, free speech and copyright law.